Being a Guardian is a very specific element of both family law and estate planning. When a couple with children goes through a divorce, often there are disputes over who should have custody of the children. Even in couples who never married but had children these disputes can arise. During this emotional and challenging time a Guardian can provide a calm, rational, and impartial view about the children's best interests. Often times the Court will order a Guardian and can randomly assign one from a roster of Guardian's. However, parties can choose a Guardian themselves if they prefer, being able to choose the Guardian who will represent your children's interests often gives parties a sense of greater control over their situation.

Guardian work is less an element of estate planning, and more an element of the Probate Court. There may be times where a member of your family is what we call a "dependent adult". As such it may be helpful to have an impartial, third party represent that adult's best interests in legal matters. Guardian's can be appointed by the Probate Court during many instances where the Court simply finds there is a need for impartiality during a proceeding. Again, having a say in who takes on that roll can make an emotional and confusing time seem a little bit more bearable.